Social Authority

Question 1

Bail Factors

Answer 1

Use two factors:

1) Defendant dangerousness
2) Risk of flight

Question 2

Bail Reform Act

Answer 2

i) deny bail to violent criminals or drug crimes
i. Use past conduct as guide
ii. Challenged by Salerno

Holding: Bail Act is constitutional but narrowly tailored

Rule: An arrestee may be detained prior to trial if the government’s regulatory interest in public safety is legitimate and compelling, provided there are procedural protections in place to safeguard the arrestee’s liberty interests.
Cannot use race as a risk factor!